Chapter 10 - Unilateral Self-Defense and Rescue. Unilateral Use of Force. What are the three classic justifications for the use of unilateral power? Defense Collecting bills Reparations and punishment for past attacks Does this extend to protecting citizens abroad?. Pirates and Private War.

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The Hostage Act has provision protecting people who are being denied their claims of being a US citizen.

Was that an issue in the Iranian hostage crisis?

Why was taking hostages in reprisal left out of the Hostage Act?

Do you think the president can do this anyway?

How might the rescue power be a subset of the power to repel a sudden attack?

Is the capture of American citizens by itself a sufficient legal predicate for exercise of any implied presidential rescue power?

Why are the actions of local Navy commanders who are on the scene of attacks limited to: self-defense, ‘‘exercised only as a last resort, and then only to the extent which is absolutely necessary to accomplish the end required.’’

In the AEDPA, Congress prohibited various kinds of assistance to countries that sponsor or harbor terrorists. In the preamble to these prohibitions, it made the following ‘‘finding,’’ among others: ‘‘the President should use all necessary means, including covert action and military force, to disrupt, dismantle, and destroy international infrastructure used by international terrorists, including overseas terrorist training facilities and safe havens.’’

The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain and restore international peace and security.

In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.

The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such actions may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.

2. Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided.

Nothing in the present charter shall impair the inherent right of individual and collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. . . .

The key is the timeline leading from the first Gulf War to the Invasion of Iraq in the second Gulf War. Figure out what we knew and when, what did Congress approve, what did they base the approval on, and what powers the president used.

Look in particular at whether the president already had arguable authority to go to war left from the UN Resolutions and Congressional resolutions from the first Gulf War.